Card Range To Study

13 Cards in this Set

the resolution of disputes in ways other than those involved in the traditional judicial process. (ie negotiation, mediation, arbitration)

Alternative Dispute Resolution (ADR)

the settling of a dispute by submitting it to a disinterested thrid party (other than the court), who renders a decision. The decision may or may not be legally binding

arbitration

a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court

arbitration clause

in the constitutionnm a basis for federal court jurisdiction over a lawsuit between:
1. citizens of different states
2. a foreign country and citizens of a state or of different states
3. citizens of a state and citizens or subjects of a foreign country.

the amt in the controversy must be more than 75,000 before a federal court can take jurisdiction in such cases

diversity of citizenship

a question that pertains to the US Constitution, acts of congress, or treaties. It provides a basis for federal jurisdiction

federal question

court jurisdiction over the "person" involved in a legal action; personal jurisdiction

in personam juridiction

court jurisdiction over a defendant's property

in rem jurisdiction

the authority off a court to hear and decide a specific action

jurisdiction

a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. a defendant must have "minimum contacts" with that state for the statute to apply

long arm statute

a method of settling disputes outside of court by using the services of a neutral 3rd party, who acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute

mediation

in regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them

negotiation

in a lawsuiit, an issue involving a factual dispute that can only be decided by a judge/jury

question of fact

in a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury